Navneet Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53427 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Navneet Kumar son of Sri Ranjeet Singh

2. Kanhaiya Kumar son of Sri Mritunjay Singh All Resident of VillageRamdauli, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 448, 341, 323, 324, 307, 354 and 379 of the Indian Penal Code.

The prosecution case, in brief, is that on the alleged date and time of occurrence the accused persons including the petitioners variously armed entered in the house of the informant and assaulted him on the head by means of sword. They also snatched away the golden chain of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.53427 of 2016 (2) dt.20-12-2016 2/2 petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. There is land dispute between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. made out.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R. and they have actively participated in the alleged occurrence.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur at Vaishali in connection with Bidupur P.S. case No.36 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T